December 10, 1898

TREATY OF PEACE BETWEEN THE UNITED STATES OF AMERICA AND THE

KINGDOM OF SPAIN

The United States of America and Her Majesty the Queen Regent of Spain, in the
name of her august son Don Alfonso XIII, desiring to end the state of war now existing
between the two countries, have for that purpose appointed as plenipotentiaries;
The President of the United States, cdpr

William R. Day, Cushman K. Davis, William P. Frye, George Gray, and Whitelaw
Reid, citizens of the United States;
And Her Majesty the Queen Regent of Spain,
Don Eugenio Montero Ríos, president of the Senate, Don Buenaventura de
Abarzuza, senator of the Kingdom and ex-minister of the Crown; Don José de Garnica,
deputy to the Cortes and associate justice of the supreme court, Don Wenceslao
Ramirez de Villa Urrutia, envoy extraordinary and minister plenipotentiary at Brussels,
and Don Rafael Cerero, General of Division;
Who, having assembled in Paris, and having exchanged their full powers, which
were found to be in due and proper form, have, after discussion of the matters before
them, agreed upon the following articles:
ARTICLE I
Spain relinquishes all claim of sovereignty over and title to Cuba.
And as the island is, upon its evacuation by Spain, to be occupied by the United
States, the United States will, so long as such occupation shall last, assume and
discharge the obligations that may under international law result from the fact of its
occupation, for the protection of life and property.
ARTICLE II
Spain cedes to the United States the Island of Porto Rico and other islands now under
Spanish sovereignty in the West Indies, and the Island of Guam in the Marianas or
Ladrones.
ARTICLE III
Spain cedes to the United States the archipelago known as the Philippine Islands,
and comprehending the islands lying within the following line:
A line running from west to east along or near the twentieth parallel of north
latitude, and through the middle of the navigable channel of Bachi, from the one
hundred and eighteenth to the one hundred and twenty-seventh degree meridian of
longitude east of Greenwich, thence along the one hundred and twenty-seventh degree
meridian of longitude east of Greenwich to the parallel of four degrees and forty- ve
minutes north latitude, thence along the parallel of four degrees and forty- ve minutes
north latitude to its intersection with the meridian of longitude one hundred and
nineteen degrees and thirty- ve minutes east of Greenwich, thence along the meridian
of longitude one hundred and nineteen degrees and thirty- ve minutes east of
Greenwich to the parallel of latitude seven degrees and forty minutes north, thence
along the parallel of latitude seven degrees and forty minutes north to its intersection
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 with the one hundred and sixteenth degree meridian of longitude east of Greenwich,
thence by a direct line to the intersection of the tenth degree parallel of north latitude
with the one hundred and eighteenth degree meridian of longitude east of Greenwich,
and thence along the one hundred and eighteenth degree meridian of longitude east of
Greenwich to the point of beginning.
The United States will pay to Spain the sum of twenty million dollars, within three
months after the exchange of the ratifications of the present treaty.
ARTICLE IV
The United States will, for the term of ten years from the date of the exchange of
the rati cations of the present treaty, admit Spanish ships and merchandise to the
ports of the Philippine Islands on the same terms as ships and merchandise of the
United States.
ARTICLE V
The United States will, upon the signature of the present treaty, send back to
Spain, at its own cost, the Spanish soldiers taken as prisoners of war on the capture of
Manila by the American forces. The arms of the soldiers in question shall be restored to
them.
Spain will, upon the exchange of the rati cations of the present treaty, proceed to
evacuate the Philippines, as well as the Island of Guam, on terms similar to those
agreed upon by the Commissioners appointed to arrange for the evacuation of Porto
Rico and other islands in the West Indies, under the protocol of August twelfth, eighteen
hundred and ninety-eight, which is to continue in force till its provisions are completely
executed.
The time within which the evacuation of the Philippine Islands and Guam shall be
completed shall be xed by the two Governments. Stands of colors, uncaptured war
vessels, small arms, guns of all calibers, with their carriages and accessories, powder,
ammunition, live stock, and materials and supplies of all kinds, belonging to the land
and naval forces of Spain in the Philippines and Guam, remain the property of Spain.
Pieces of heavy ordinance, exclusive of eld artillery, in the forti cations and coast
defenses, shall remain in their emplacements for the term of six months, to be
reckoned from the exchange of rati cations of the treaty; and the United States may, in
the meantime, purchase such material from Spain, if a satisfactory agreement between
the two Governments on the subject shall be reached.
ARTICLE VI
Spain will, upon the signature of the present treaty, release all prisoners of war,
and all persons detained or imprisoned for political offences, in connection with the
insurrections in Cuba, and the Philippines and the war with the United States.
Reciprocally, the United States will release all persons made prisoners of war by
the American forces, and will undertake to obtain the release of all Spanish prisoners in
the hands of the insurgents in Cuba and the Philippines.
The Government of the United States will, at its own cost, return to Spain and the
Government of Spain will, at its own cost, return to the United States, Cuba, Porto Rico,
and the Philippines, according to the situation of their respective homes, prisoners
released or caused to be released by them, respectively, under this article.cdphil

ARTICLE VII

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 The United States and Spain mutually relinquish all claims for indemnity, national
and individual, of every kind, of either Government, or of its citizens or subjects, against
the other Government, that may have arisen since the beginning of the late insurrection
in Cuba and prior to the exchange of rati cations of the present treaty, including all
claims for indemnity for the cost of the war.
The United States will adjudicate and settle the claims of its citizens against
Spain relinquished in this article.
ARTICLE VIII
In conformity with the provisions of Articles One, Two, and Three of this treaty,
Spain relinquishes in Cuba, and cedes in Porto Rico and other islands of the West
Indies, in the Island of Guam, and in the Philippine Archipelago, all the buildings,
wharves, barracks, forts, structures, public highways, and other immovable property
which, in conformity with law, belong to the public domain, and as such belong to the
Crown of Spain.
And it is hereby declared that the relinquishment or cession, as the case may be,
to which the preceding paragraph refers, can not in any respect impair the property or
rights which by law belong to the peaceful possession of property of all kinds, of
provinces, municipalities, public or private establishments, ecclesiastical or civic
bodies, or any other associations having legal capacity to acquire and possess
property in the aforesaid territories renounced or ceded, or of private individuals, of
whatsoever nationality such individuals may be.
The aforesaid relinquishment or cession, as the case may be, includes all
documents exclusively referring to the sovereignty relinquished or ceded that may exist
in the archives of the Peninsula. Where any document in such archives only in part
relates to said sovereignty, a copy of such part will be furnished whenever it shall be
requested. Like rules shall be reciprocally observed in favor of Spain in respect of
documents in the archives of the islands above referred to.
In the aforesaid relinquishment or cession, as the case may be, are also included
such rights as the Crown of Spain and its authorities possess in respect of the o cial
archives and records, executive as well as judicial, in the islands above referred to,
which relate to said islands or the rights and property of their inhabitants. Such archives
and records shall be carefully preserved, and private persons shall without distinction
have the right to require, in accordance with law, authenticated copies of the contracts,
wills, and other instruments forming part of notarial protocols or les, or which may be
contained in executive or judicial archives, be the latter in Spain or in the islands
aforesaid.
ARTICLE IX
Spanish subjects, natives of the Peninsula, residing in the territory over which
Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such
territory or may remove therefrom, retaining in either event all their rights of property,
including the right to sell or dispose of such property or of its proceeds; and they shall
also have the right to carry on their industry, commerce, and professions, being subject
in respect thereof to such laws as are applicable to other foreigners. In case they
remain in the territory they may preserve their allegiance to the Crown of Spain by
making, before a court of record, within a year from the date of the exchange of
rati cations of this treaty, a declaration of their decision to preserve such allegiance; in
default of which declaration they shall be held to have renounced it and to have adopted
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 the nationality of the territory in which they may reside.
The civil rights and political status of the native inhabitants of the territories
hereby ceded to the United States shall be determined by the Congress.
ARTICLE X
The inhabitants of the territories over which Spain relinquishes or cedes her
sovereignty shall be secured in the free exercise of their religion.
ARTICLE XI
The Spaniards residing in the territories over which Spain by this treaty cedes or
relinquishes her sovereignty shall be subject in matters civil as well as criminal to the
jurisdiction of the courts of the country wherein they reside, pursuant to the ordinary
laws governing the same; and they shall have the right to appear before such courts,
and to pursue the same course as citizens of the country to which the courts belong.
ARTICLE XII
Judicial proceedings pending at the time of the exchange of rati cations of this
treaty in the territories over which Spain relinquishes or cedes her sovereignty shall be
determined according to the following rules:
1. Judgments rendered either in civil suits between private individuals, or in
criminal matters, before the date mentioned, and with respect to which there is no
recourse or right of review under the Spanish law, shall be deemed to be nal, and shall
be executed in due form by competent authority in the territory within which such
judgments should be carried out.
2. Civil suits between private individuals which may on the date mentioned be
undetermined shall be prosecuted to judgment before the court in which they may then
be pending or in the court that may be substituted therefor.
3. Criminal actions pending on the date mentioned before the supreme court of
Spain against citizens of the territory which by this treaty ceases to be Spanish shall
continue under its jurisdiction until nal judgment; but, such judgment having been
rendered, the execution thereof shall be committed to the competent authority of the
place in which the case arose.
ARTICLE XIII
The rights of property secured by copyrights and patents acquired by Spaniards
in the Island of Cuba, and in Porto Rico, the Philippines, and other ceded territories, at
the time of the exchange of the rati cations of this treaty, shall continue to be
respected. Spanish scienti c, literary, and artistic works, not subversive of public order
in the territories in question, shall continue to be admitted free of duty into such
territories, for the period of ten years, to be reckoned from the date of the exchange of
the ratifications of this treaty.
ARTICLE XIV
Spain shall have the power to establish consular officers in the ports and places of the
territories, the sovereignty over which has been either relinquished or ceded by the present
treaty.
ARTICLE XV
The Government of each country will, for the term of ten years, accord to the
merchant vessels of the other country the same treatment in respect of all port
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 charges, including entrance and clearance dues, light dues, and tonnage duties, as it
accords to its own merchant vessels, not engaged in the coastwise trade.
This article may at any time be terminated on six months' notice given by either
Government to the other.
ARTICLE XVI
It is understood that any obligations assumed in this treaty by the United States
with respect to Cuba are limited to the time of its occupancy thereof; but it will upon
the termination of such occupancy, advise any Government established in the island to
assume the same obligations.
ARTICLE XVII
The present treaty shall be rati ed by the President of the United States, by and
with the advice and consent of the Senate thereof, and by Her Majesty the Queen
Regent of Spain; and the rati cations shall be exchanged at Washington within six
months from the date hereof, or earlier if possible.
In faith whereof, we, the respective plenipotentiaries, have signed this treaty and
have hereunto affixed our seals.
DONE in duplicate at Paris, the tenth day of December, in the year of our Lord,
One Thousand Eight Hundred and Ninety-Eight.

(SEAL) WILLIAM R. DAY

(SEAL) CUSHMAN K. DAVIS

(SEAL) WILLIAM P. FRYE

(SEAL) GEO GRAY

(SEAL) WHITELAW REID

(SEAL) EUGENIO MONTERO RÍOS

(SEAL) B. DE ABARZUZA

(SEAL) J. DE GARNICA

(SEAL) W. R. DE VILLA URRUTIA

(SEAL) RAFAEL CERRERO

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